Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

CHAP, IX] DIVORCE AND STATUS 1239 Inconvenient if it were to be adopted as law in one part of Australia only, and thus cause one Colony to have more simple divorce laws than any of the rest; and the third laid it down that the basis of divorce should be domicile, other- wise there would be the hopeless result that in various parts of the Empire there would be persons who were in some places lawfully married, in others not, and the matter was still worse if second marriages were formed by divorced persons. In 1890, however, the Victorian Act of 1889 regarding divorce was accorded the royal assent by Order in Council of March 21. The causes laid down for divorce were habitual drunkenness coupled with failure to support for three years, or with cruelty on the husband’s part, or drunkenness with neglect of domestic duties on the wife’s part, or desertion for three years; and after three years’ imprisonment a peti- tion could be presented if the respondent had still a com- muted sentence for a capital crime to face, or a sentence of at least seven years’ penal servitude ; a petition was possible if within the preceding year the respondent had murderously assaulted the petitioner, and in the case of the wife because of adultery either in the conjugal residence or coupled with circumstances of aggravation or of a repeated act of adultery : of all these new causes of divorce there was only one, the last, which was then law in Australia, being that adopted in the New South Wales Act of 1881. These causes of divorce were only open to persons bona fide domiciled in the Colony for two years and upwards before the bringing of the petition, but for the purposes of the word domicile a deserted wife who was domiciled in the Colony at the time of her desertion was included, and such a wife was to be deemed to retain her Victorian domicile notwithstanding a change of domicile on the part of her husband. But no persons should be entitled to petition for divorce who had resorted to the Colony for that purpose only.2 ' Cf. Quick and Garran, Constitution of Commonwealth, p. 610. Clark, Australian Constitutional Law, pp. 98, 99, held that under s. 118 of the Constitution a divorce in one state is valid in every other, but this is not sound law, for the contrary has now been held in the United States. ® Act No. 1166. s. 74.

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